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fedup55

Oregon Child Support - Attending College

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We've always known that if my stepson chose to attend college that child support for him would continue until he was 21.  The child support is collected via the Oregon Department of Justice (parents never married, dad never allowed to see kid, dad lived out of state and also incarcerated).

 

However the law says the child is required to notify the non-custodial parent of his intent to attend college prior to his 18th birthday (May 10th).  Stepson graduated from high school June 6, came to visit us in Florida for 10 days, said he wasn't going to college except to take classes here and there at automotive school.  I also found something else that if the DOJ is collecting the support that requirement is different under their rules.

 

Stepson also inherited 60,000 in 2010 from a family friend to be used expressly for his college fund.  We don't have a copy of the will, but my understanding from "Mom" was that the family friend felt sorry for the stepson (Mom has been on welfare  throughout the child's life), and wanted to give him the opportunity to attend college.  We have a cousin who lives in Portland who can get a copy of the will (if I can remember the guy's name).

 

Oregon law states child support is to be paid to the child instead of the custodial parent.

 

My husband called Oregon Child Support the other day to inquire about stopping his current support so that his payments are applied to the arrears that he owes from being incarcerated.  He was informed by the case manager that his son did indeed send a letter to the DOJ of his intent to attend school.

 

We have no information about where he is going to school, whether it's half time or full time, or anything.  Right now we intend to file an objection (not that it will do any good), but doesn't the fact that his stepson has a huge amount of money for college come into play here?  Also if he attends school half time, that gives him the ability to work part time or full time. He told his dad he was planning on getting an apartment with friends in Eugene.  If he does that, and uses his little trust fund to pay the rent, doesn't that prove he's emancipated?

 

It amazes me that people have still figured out a way to work the system.  Oregon doesn't even require passing grades to receive the support, only "satisfactory" ones.

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"Oregon law states child support is to be paid to the child instead of the custodial parent."

 

Who told you this?  Child support is never paid directly to the child.  I believe you are misinformed.  Whether your husband's parenting plan calls for something to be paid to the child I can't say, but if it does it would not be called child support.

 

If the child is 18 he is already emancipated, so there's nothing to prove.  That is irrelevant with respect to child support, which is dependent on Oregon law and the actual wording of the support order.

 

The child's inheritance has nothing to do with child support, which goes to the mother as partial reimbursement for the costs she incurred while supporting the child as a minor.  Even if the child were a millionaire, Dad would still have to pay out the arrears.

 

"Oregon doesn't even require passing grades to receive the support, only 'satisfactory' ones."

 

Not sure why you (or the state) would consider a failing grade to be "satisfactory."

 

Several statements in your message indicate that you and/or your husband might be laboring under misinformation or misunderstanding in a number of areas.  Your husband would do well to consult a local family law attorney to find out how the relevant Oregon laws and judicial guidelines actually apply to his particular circumstances.

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This response is NOT intended to create an attorney client

relationship.

 

Step-mom you should butt out.  Did you seriously expect

custodial mom to bring the child to the prison where the

child's father was at? 

 

Let your husband resolve this situation, however Oregon law

requires.

 

If you want to contribute to your husband's attorney fees,

that's about it, as far as your role.   

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